Sidney School Furniture Co. v. School District
Supreme Court of Pennsylvania
Argued October 8, 1886, before Gordon, Trunkey, Sterrett, Green, and Clark, JJ. October Term, 1886, No. 135, W. D. Error to the Common Pleas of Jefferson County to review a judgment on a verdict for defendant in an action of assumpsit.
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Argued October 8, 1886, before Gordon, Trunkey, Sterrett, Green, and Clark, JJ. October Term, 1886, No. 135, W. D. Error to the Common Pleas of Jefferson County to review a judgment on a verdict for defendant in an action of assumpsit. The facts are fully set out in the following charge to the jury in the court below, by Wilson, P. J.: “The Sidney School Furniture Company, John Loughlin, sole proprietor, has brought its action of assumpsit in this court against the school district of Warsaw township on a contract in writing, as follows: “ ‘This contract, made the 25th day of July, 1885,…
1Opinion of the Court
Opinion by
Mr. Justice Green:
The portion of the charge covered by the second assignment of error was a distinct direction to the jury that upon a sale of goods by sample there is an implied warranty that the goods sold should be of a quality equal to that of the sample. The idea was repeated in the second clause of the language excepted *42to, with the additional statement-that the goods sold should be equal in value to the sample. That this is contrary to the perfectly 'well-settled law of this commonwealth is so manifest that no discussion is required to prove it.
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